Federal Register of Legislation - Australian Government

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SLI 2005 No. 69 Regulations as made
These Regulations amend the Family Law (Superannuation) Regulations 2001 to narrow the class of superannuation interests in the Queensland Parliamentary Superannuation Fund that are prescribed as a percentage-only interests.
Administered by: Attorney-General's
Registered 27 Apr 2005
Tabling HistoryDate
Tabled HR10-May-2005
Tabled Senate10-May-2005
Date of repeal 09 Apr 2013
Repealed by Attorney-General's (Spent and Redundant Instruments) Repeal Regulation 2013

Family Law (Superannuation) Amendment Regulations 2005 (No. 1)1

Select Legislative Instrument 2005 No. 69

I, PHILIP MICHAEL JEFFERY, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Family Law Act 1975.

Dated 22 April 2005

P. M. JEFFERY

Governor-General

By His Excellency’s Command

PHILIP RUDDOCK


1              Name of Regulations

                These Regulations are the Family Law (Superannuation) Amendment Regulations 2005 (No. 1).

2              Commencement

                These Regulations commence on 15 May 2005.

3              Amendment of Family Law (Superannuation) Regulations 2001

                Schedule 1 amends the Family Law (Superannuation) Regulations 2001.


Schedule 1        Amendments

(regulation 3)

  

[1]           Paragraph 9A (1) (c)

substitute

                (c)    a superannuation interest to which regulation 9B applies;

[2]           After regulation 9A

insert

9B           Meaning of percentage-only interest — Parliamentary Contributory Superannuation Fund (Qld)

         (1)   This regulation applies to a superannuation interest in the Parliamentary Contributory Superannuation Fund, being the Fund continued in existence by subsection 6 (1) of the Parliamentary Contributory Superannuation Act 1970 (Qld), if:

                (a)    the interest is held by a person who has received salary as a member of the Legislative Assembly of Queensland for an aggregate period of less than 8 years; or

               (b)    the interest is held by a person who has received salary as a member of the Legislative Assembly of Queensland for an aggregate period of 8 years or more, and:

                          (i)    after the person first began receiving salary as a member but before the person had completed an aggregate period of service of 8 years or more, the interest became subject to a payment split; and

                         (ii)    subregulation (2) does not apply in relation to the payment split; or

                (c)    the interest is a percentage-only interest under paragraph (b) or this paragraph, and:

                          (i)    while the interest is a percentage-only interest under either of those paragraphs, the interest becomes subject to a second or later payment split; and

                         (ii)    subregulation (2) does not apply in relation to at least one of the payment splits in respect of the interest.

         (2)   This subregulation applies in relation to a payment split if:

                (a)    in the case of a payment split under a superannuation agreement or flag lifting agreement — the agreement has been terminated or set aside; or

               (b)    in the case of a payment split under a splitting order — the order has been set aside; or

                (c)    an amount has been paid under subsection 25G (2) of the Parliamentary Contributory Superannuation Act 1970 (Qld) in respect of the entitlement under the applicable superannuation agreement, flag lifting agreement or splitting order; or

               (d)    the person for whose benefit the applicable superannuation agreement, flag lifting agreement or splitting order was made has elected to be paid a lifetime pension under subsection 25K (4) of the Parliamentary Contributory Superannuation Act 1970 (Qld) in respect of the entitlement under the agreement or order.


Note

1.       All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See www.frli.gov.au.